HomeMy WebLinkAbout20A - AA - PLAN CHECK SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 6, 2011
TITLE:
AGREEMENTS FOR PLAN CHECK
SERVICES WITH SCOTT FAZEKAS &
ASSOCIATES AND CENTURY
STRUCTURAL ENGINEERING CO., INC.
AND APPROPRIATION ADJUSTMENT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 151 Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and the Clerk of the Council to execute the attached agreements
with Scott Fazekas & Associates, Inc. and Century Structural Engineering Co., Inc. for plan
check services in an aggregate amount not to exceed $300,000, subject to non-substantive
changes approved by the City Manager and City Attorney.
2. Approve appropriation adjustments recognizing aggregate total amounts not to exceed
300,000 in the 2011-2012 FY revenue account for building plan check (account no.
01116002-53600) and appropriating various amounts not to exceed $300,000 to the Planning
and Building Agency 2011-2012 FY budget allocation in the account for contractual services
(account no. 01116520-62300) for payments to the consultants contracted to complete
building plan check of various projects.
DISCUSSION
For many years the Building Division achieved a goal of a three week or less turnaround time for
plan checks. This goal was attained for over 90 percent of plan check submissions. This was in
part the result of streamlining internal processes, incorporating a contract plan checker at the
public counter, and outsourcing plan checking services during especially high volume months.
Beginning in 2009, budget constraints resulted in the reduction of in-house plan check staff as
well as the cancelling of contracts for both a contract plan checker and outsourced plan check
services. While these reductions negatively impacted plan check turnaround times, the impact
was lessened by a concurrent reduction in plan check submittals due to the economic downturn.
Although building activity remains below the five year average, Planning and Building Agency
statistics indicate a slow but steady upward trend in plan check submittals over the past 12
months with several large residential and commercial projects received, or projected to be
received in the current fiscal year.
20A-1
Plan Check Agreements and Appropriation Adjustment
September 6, 2011
Page 2
In response to the increase in plan check submittals the Building Division reinstituted outsourcing
plan checks in December 2010 to improve plan check turnaround times as well as provide
greater flexibility for applicants wishing to take advantage of expedited plan check. The use of
outsourced plan check services over the past eight months resulted in a six percent improvement
in the number of plan checks meeting the three week turnaround time. As a result of the
increased use of outsourced plan checks, contracts with two of the plan check firms that the
Planning and Building Agency utilizes are nearly expended. These contracts must be renewed in
order to continue to meet the plan check turnaround time goal of three weeks as well as to
continue to offer expedited plan check services.
The Building Division has contracted with Scott Fazekas & Associates since 2005 and Century
Structural Engineering Co., Inc. since 2010 for plan check services. Both firms have met the
City's requirements for availability of qualified engineering staff, turnaround time, locale, and fees.
The two firms will offer both full and structural only plan check services at a rate of 35 percent of
the plan check fee calculated by the City and will process any required plan revisions and
deferred submittals at an hourly rate of $85. Expedited plan check fees will be paid entirely by
the applicant.
FISCAL IMPACT
The additional plan check fees paid to the City will fund the entire cost for the consultants. These
amounts will be recognized in the revenue account for building plan check (account no.
01116002-53600) and a like amount appropriated to the Planning and Building Agency account
for contractual services (account no. 01116520-62300), not to exceed a total amount of
$300,000.
APPROVED AS TO FUNDS AND ACCOUNTS:
J y . T v no
Executive Director
Planning and Building Agency
MF:rb
MF/RFCA - Expedited Plan Check Services - SFA and Century
Exhibit 1: Agreements
Francisco Gutierrez
Executive Director
Finance and Management Services
20A-2
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this _ day of , 2011 by and
between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter
"Consultant"), and the CITY OF SANTA ANA, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California (hereinafter
"City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree that (a) other such material may not
be copyrighted without prior review from the City, and (b) the authors of all such material,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty-
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
20A-3
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the cumulative rates and charges identified in Exhibit A. The total sum to be expended under
this Agreement shall not exceed $150,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate.
20A-4
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
20A-5
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5897
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
20A-6
To Consultant: Scott Fazekas & Associates, Inc.
9 Corporate Park, Suite 200
Irvine, California 92606
telefacsimile (949) 475-2560
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate either
Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work product
20A-7
shall be the property of the City unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
20A-8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH A. STRAKA
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
SCOTT FAZEKAS & ASSOCIATES, INC.
SCOTTFAZEKAS
President
Tax ID#
20A-9
EXHIBIT A
SCOPE OF SERVICES
General Description
Building Safety Division of the City of Santa Ana foresees submittal of several large projects in
the near future. Therefore, the City is seeking the services of professional consultants to support
the efforts of City staff in the area of plan checking.
Scope of Services
Consultant shall perform the following services for each assigned building plan review
Detail review the mechanical, plumbing, electrical and building (architectural/structural)
plans. Review supporting documents for industrial, commercial, residential and public
buildings and determine compliance with applicable building standards as related to
existing and proposed buildings.
Review the plans for compliance with California state-mandated regulations for energy
conservation, disabled access and City Adopted Ordinances.
Review the plans for compliance with Federal Flood Plain regulations for projects in the
special flood hazard area designated on the flood insurance rate map (FIRM) as zone A01
or AE.
4. Recheck and approval of final plans and supporting documents to be provided without
additional charge for recheck.
5. Submittal of approved plans and all supporting documents to the City of Santa Ana.
6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to
expedite the review process and consult on complex code issues with City of Santa Ana
Building Official.
7. Plan review report to be customized for each project and be delivered via fax, mail or e-
mail to City and the applicant.
Structural portion of the plans to be reviewed by California Licensed Civil or Structural
Engineer.
9. Plan reviewer to be consistent, accurate, available and responsive to the City and the
applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available
to the Building Official and his staff to help answer Code questions arising from review.
20A-10
Plan reviewer shall provide assistance in evaluation of alternate materials, design and
methods of construction proposed by applicant.
10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the
City office with owners, architects, engineers and contractors to discuss the Plan Check
issues.
11. Plan reviewer to verify that the job description, square footages, occupancy
classifications and type of construction, on the permit application agrees with the plans
and specifications. Plan reviewer will also verify the building valuation based upon
valuation costs used by the City of Santa Ana.
12. Initial Plan review to be complete within fifteen (15) working days and recheck within
five (5) working days.
13. Deferred submittals, trusses, stairs, curtain walls, etc. to be plan checked on an hourly
rate of $85.00/hour.
14. Consultant fee for review services to be 35% of the City of Santa Ana Plan Check Fee.
20A-11
20A-12
CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into this _ day of , 2011 by and
between CENTURY STRUCTURAL ENGINEERING CO., INC., a California corporation
(hereinafter "Consultant"), and the CITY OF SANTA ANA, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
municipal plan check services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall provide structural plan check services on request of the Executive
Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto and
incorporated herein by this reference.
Consultant shall deliver to City all work product resulting from the services provided.
Said work product shall be submitted in a hard copy and in a form compatible with City's
computer system, as agreed between the Executive Director and Consultant.
In regard to copyrightable material produced as a deliverable under this Agreement,
including but not limited to books, reports, plans, photographs, drawings and computer
programs, Consultant agrees and shall ensure that all of Consultant's affected officers,
employees, agents, contractors, and volunteer workers agree that (a) other such material may not
be copyrighted without prior review from the City, and (b) the authors of all such material,
whether copyrighted or not, award to the City, and to its officers, agents and employees acting
within the scope of their official duties, as a condition of payment to the Consultant, a royalty-
free, nonexclusive, irrevocable license throughout the world for governmental purposes to
disclose, publish, translate, reproduce, and use such materials.
20A-13
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the cumulative rates and charges identified in Exhibit A. The total sum to be expended under
this Agreement shall not exceed $150,000.00 during the term of this Agreement,
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate upon the
completion of the Scope of Services or depletion of the maximum contract amount as stated in
Section 3 above, unless terminated earlier in accordance with provisions, below. The term of this
Agreement may be extended upon a writing executed by the City Manager and the City
Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
b. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate.
20A-14
c. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
d. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement, Such termination shall not affect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless the City, regarding any
action by a third party challenging the validity of this Agreement, or asserting that personal
injury, damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights arises by reason of the terms of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the performance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
20A-15
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of Planning and Building Agency
Building Safety Division
City of Santa Ana
20 Civic Center Plaza (M-19)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-5897
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
20A-16
To Consultant: Century Structural Engineering Co., Inc.
Ed Chung, Principal
24719 Narbonne Avenue
Lomita, California 90717
telefacsimile (310) 539-7678
A party may change its address by giving notice in writing to the other party. If sent by
mail, communication shall be effective or deemed to have been given three (3) days after it has
been deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above, If sent by telefacsimile, communication shall be effective or
deemed to have been given twenty-four (24) hours after the time set forth on the transmission
report issued by the transmitting facsimile machine, addressed as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate either
Consultant or the City. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
20A-17
a, Asa condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Consultant consents to the City's use
thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
16. MISCELLANEOUS PROVISIONS
a, Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn,
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
20A-18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST;
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH A. STRAKA
Interim City Attorney
By:
Ryan O. Hodge
Assistant City Attorney
CITY OF SANTA ANA
PAUL M. WALTERS
Interim City Manager
CENTURYSTRUCTURAL
ENGINEERING CO., INC.
ED CHUNG
Principal
Tax ID#
20A-19
EHIBIT A
SCOPE OF SERVICES
(Attached)
20A-20
Century Structural Engineering Co., Inc
Proposal for City of Santa Ana
Plan Check Consulting Services
Feb. 2011
20A-21
CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 529-7678
Email: centuryse@sbcglobal.net
Mr. Fred Heidari
Deputy Building Official
Planning & Building Agency, Dept. M-19
City of Santa Ana
P.Q. Box 1988
Santa Ana, CA 92702
Dear Mr. Heidari,
Century Structural Engineering Co., Inc. (CSE) is very interested in providing the Plan Review
Service to the City of Santa Ana. CSE and its predecessor, Century Engineering Co., have served
the building and construction industry since 1973. CSE is a minority owned small business and is
selected by Los Angeles Unified School District (LAUSD) to provide services.
CSE would like to be considered in the selection of providing Plan Check Review Service for the
City of Santa Ana.
CSE has performed Structural Design, Building Code Analysis and Plan Review Services for all
type of projects. With more than thirty years of experience, we definitely have thorough
understanding and knowledge of California Building Codes and Structural Design,
And with the new principal Ed Chung came on the board who had just finished twenty two year's
service to City of Santa Ana, we believe; we will provide the excellent Plan Check Review
Service to the City.
Our firm has Registered Structural Engineers, Licensed Architect and a Certified Accessibility
Specialist on staff to meet whatever City's need for Plan Check Review Process; we also will assign
Ed Chung to be the "CSE" contact person for City of Santa Ana for whatever City's need.
i appreciate the opportunity to present to you the experience and qualifications of my firm and look
forward to hearing from you soon.
Sincerely,
C fury Structural En. 'veering Co., Inc.
Ed Chung, S.E.,CAS .
Principal Engineer
20A-22
CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 529-7678
Email: centuryse@sbcglobal.net
Fee Setiedules
Building Plan Review Fees:
Fees for comprehensive Plan reviews, performed at the Century Structural
Engineering office, will be equal to:
35% of the plan check fee as calculated per City of Santa Ana
Additional Plan review for miscellaneous
permit per hourly fee as determined by
charged at
s item (revision, shop drawing review, and
City of Santa Ana fee resolution) will be
Hourly rate of $ 85.00 per hour
20A-23
CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 529-7678
Email: centuryse@sbcglobal.net
FIRM QUALIFICATIONS
Century Structural Engineering Co., Inc. (CSE) and its predecessor, Century
Engineering Co., have served the building and construction industry since 1973. With
thirty seven years of experience in Engineering Design, Code Analysis, Plan Review
service, CSE has developed a thorough understanding of Building Design and code
Applications.
CSE has performed structural design as well as plan review services on a wide array
of projects, ranging from Code analysis, feasibility study, and new Building design to
rehabilitation and repair of existing buildings, outdoor bleachers and athletic facilities
and swimming pools. CSE has been responsible for the Reviewing and design of
numerous projects for schools, colleges, and universities as well as commercial and
residential buildings in the State of California. CSE's work force consists of eight (8)
staff including three (3) California registered structural engineers. CSE is involved
with the preparation of structural inspection report and expert opinions. List of
sample projects will be provided upon request.
CSE has been selected by Los Angeles Unified School District as one of most
qualified firms to provide engineering services to LAUSD since 2001.
CSE is certified as a Small Business Enterprise (SBE)
CSE had inspected and prepared Northridge earthquake damage assessment reports
for more than one hundred damaged county structures.
CSE focuses on customer service and project delivery. Each project is carefully
considered and scheduled to ensure timely delivery.
CSE carries $1,000,000.00 professional liability insurance, liability, workers
compensation and
$ 2,000,000.00 general liability insurance.
Ed Chung will be the contact person for the city of Santa Ana. His resume and copy
of licenses and certifications are attached,
20A-24
CENTURY STRUCTURAL. ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 529-7678
Email: centuryse@sbcglobai,net
ROSTER OF STAFF
GARY CHANG Principal, Registered C.E., S.E. in California
Certificate No, S 1519
ED S. CHANG Principal, Registered C.E,, S.E. in California
Certificate No. S3361,
I.C.C. Certified Plan Examiner
Certified Accessibility Specialist, CASp.
FRANK WU Registered C.E., S.E. in California
Certificate No. 52025
NORMAN CHAO Licensed Architect in California
License C7453
ANGELA HARN Office manager/secretary
NOEL CUISON Draftsperson
PATRICK SOUZA Draftsperson
BETTY CHANG Finance/Accountant
CSE carries the general liability insurance, automobile liability, workers compensation, and
professional liability coverage.
The limit of liability: $1,000,000.00 per claim
$1,000,000.00 aggregate
The general liability insurance including automobile liability coverage:
$1,000,000.00 per occurrence
$2,000,000.00 general aggregate
20A-25
CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 539-7678
Email: centuryse@sbcglobal.net
SAMPLE PROJECTS
Plan Review Proiect
- Bowers Museum, Children's Museum
- City Yard, Service and Storage Facility
- State Fund Building and Parking Structure
- County of Orange: Twin Tower and Parking Structure
- Santa Ana Fire Station #1, #4, and #5 Renovation
- Rosita Park, Del-Hi Community Center, El Salvador Senior Center, and a variety of
zoo projects.
- Nexus Twin Tower
- American Title Company Data Center - Base Isolation
- County of Orange District Attorney: Tenant Improvement
- City of Santa Ana Rose Annex Development Center
Santa Clara Private School Classroom Addition, Mater De Locker Room and Restroom
Addition.
Structural Engineering Peer Review
- Rancho Los Amigos Medical Center in Downey, CA.
- City of Hope National Medical Center Central Energy Plant in City of Hope, CA.
Scripps Memorial Hospital in La Jolla, CA.
School and Municipal Projects:
- St. John Bosco High School Auditorium in Bellflower, CA.
- Olive Vista Middle School Library Addition Sylmar, CA.
- Huntington Park municipal building, Huntington Park, CA.
Commercial Projects,
Jolly Roger Inn Hotel in Anaheim CA.
Westwind Sports Center in Ontario CA.
Homeland Cultural Center Theater in Long Beach, CA.
Residential Projects:
Numerous custom houses (Laguna Beach, Tustin Hills, Villa Park, Anaheim
I4it1s, Trabuco Canyon, Palos Verdes Estates, Rancho P.V. Woodland Hills etc.)
- Numerous apartment complexes (Westwood, Van Nuys, Santa Ana etc.)
- Numerous tract houses (Woodland Hills, Rancho Palos Verdes etc.)
Page 1 of 2
20A-26
CENTURY STRUCTURAL ENGINEERING CO., INC. (CSE)
24719 Narbonne Ave., Lomita, CA 90717
Tel: (310) 325-0883, Fax: (310) 539-7678
Email: centuryse@sbcglobal.net
Fartauake Seismic Retrofit Proieets:
Tilt-up Concrete Wall Buildings:
- Concrete tilt-up walls Administration Building & Warehouse in Los Angeles CA.
- Industrial Building tilt-up wall Rancho Dominquez CA.
- Enterprise Rent-A-Car Headquarter Building Concrete tilt-up walls Carson CA.
Un-reinforced Brick Buildings Don Hotel, Wilmington CA
Un-reinforced Brick Buildings Office Building, Ei Segundo CA.
Un-reinforced Brick Buildings Copley News Paper, San Pedro CA.
Bleachers Projects:
South Gate High School-Outdoor bleacher & renovation/repair for home bleachers on top of
concrete service building & visitor bleachers on grade, South Gate CA.
Chaparral High School-New outdoor bleachers (Horne & visitor) Temecula CA.
UC Santa Barbara-New outdoor bleachers
Miscellaneous Proiects:
- School Lunch Shelter, Handball Walls, Rock Climbing Walls, Marquees, Swimming Pools,
Fire Damage Repair Work etc.
Limch Shelter:
- Cleveland Grover High School Repair, Reseda CA.
- LA Center for Enriched Studies West Arcade, Los Angeles CA.
Fire Damaged Repair:
- 1900-19004 Garden Grove Blvd. Industrial Building, Garden Grove CA.
- Garfield High School Auditorium & Class Room Building, Los Angeles CA.
- Paramount Citrus Warehouse, MacFarland CA.
- Industrial Warehouse Building, Van Nuys CA.
Miscellaneous Repair:
- Canoga Park Secondary School - Prototype Wood Handball Walls, Canoga Park CA.
Patrick Henry Middle School - Rock Climbing Wall, Granada CA.
George Ellery Middle School - Concrete Handball Wall, Woodland Hills CA.
Mt. Vernon Middle School - Marquee, Los Angeles CA.
South Gate High School - Bleacher Renovation, South Gate CA.
Parkview School - Athletic Equipments, Lancaster C
Projects are too numerous to be listed, information on other projects will be furnished
upon request.
Page 2 of 2
20A-27
ED S. CHUNG, S.E., CASp.
24719 Narbonne Ave., Lomita, CA 90717
SUMMARY In-depth knowledge of City, related municipal, State, and Federal
Codes and Laws.
• Diverse technical background in all aspects of building design and
construction.
• Dedicated to achieving 100% customer satisfaction while promoting
Total Quality Service to customers.
• Thorough knowledge of Federal, State Accessibility Codes &
Regulations.
EXPERIENCE
01/11-present CENTURY STRUCTURAL ENGINEERING CO., INC.
Principal Engineer
Provide, Building Code Consultation, Plan Review, Building Code
Analysis, Feasibility Study & Structural Engineering,
Accessibility Specialist Inspection Service for all types of the project.
04/88-12/10 CITE' OF SANTA ANA
Senior Playa Check Engineer
Supervised Plan-Check Section to handle wide variety of projects; serve
as a code consultant to architects, engineers, developers, and
homeowners. Prudently enforce construction and occupancy law,
promote an attractive environment for development, and ensure that
Santa Ana is a thoughtfully planned, safely-built, and well maintained
community.
Position requires thorough familiarity with every aspect of highly
complex projects, including life and safety, accessibility requirements,
energy regulations, and all building components.
11/87-4/88 JOHN A. MARTIN ASSOCIATES, Newport Beach
Project Engineer
Prepared structural calculations and construction plans for Schools &
Hospitals. Coordinated with architects and builders, including
preliminary design, specification writing, and cost estimating,
20A-28
ED S. CHU'.IVG, S.E., CA Sp.
5/85-11/87 DOHUBE STRUCTURAL ENGINEERS Tustin, CA
Project Engineer
Performed structural calculations and designed plans for many varied
types of buildings for city submittal. Supervised in-house designer and
engineer to ensure projects were completed on time and within budget.
Prepared field observation, field revision, and project reports during
construction.
9/82-5/85 CENTURY ENGINEERING CO. Torrance, CA
Civil Engineer / Field Inspection
As Structural Designer and Project Superintendent, designed and
constructed development projects, prepared structural plans and
calculations for a variety of building designs. Managed contractors and
subcontractors for all faces of projects.
7/79-8/80 XCAM1 CONSTRUCTION, INC.
Project Superintendent
Supervised construction of an 82-unit two-story Country Club/Resort.
Works included feasibility study, proposal evaluation, budget estimate,
bidding, scheduling, layouts, surveys and supervision of all stages.
CERTIFICATES Registered California Professional Engineer
Registered California Structural Engineer
Certified Accessibility Specialty
ICC Certified Plan Examiner
EDUCATION M.S., Civil Engineering - University of Texas at Arlington
B.S., Civil Engineering - Fong- Chia University
MEMBERSHIPS Member, of Structural Engineer Association of Southern California
Founding Member of Certified Access Specialist (CAST)
State of California Governor's Office of Emergency Services - Safety
Assessment Engineer
20A-29
20A-30